The Court of Appeal has sentenced the defendant, NM, to ten years in prison for the aggravated offense of unlawful sexual intercourse.

This decision overturns the previous ruling by the Higher Court in Bijelo Polje, dated October 4, 2024, which had sentenced NM to six years in prison, including the duration of his detention.

On March 26, the Court of Appeal announced its verdict, rejecting the appeals submitted by NM’s defense team against the Higher Court’s ruling, while upholding the appeal from the Higher State Prosecutor’s Office in Bijelo Polje.

It was noted that NM was employed at the school attended by the victim, and the crime took place at that location.

“The Court of Appeal of Montenegro assessed that the first-instance court, in a legally conducted procedure, established all necessary facts for accurately assessing the presence of the criminal offense and the guilt of the accused. The court correctly applied the Criminal Code, and no significant procedural violations or misapplications of the substantive law were found. However, the Court of Appeal believes that the first-instance court did not adequately consider the aggravating factors, including the repeated actions taken by the accused against the victim over an extended period. The relationship of trust stemming from the accused’s employment at the victim’s school, as well as the familial connections and acquaintances between the victim and her family, who were expected to ensure her safety, were significant. Importantly, the crime occurred in a school environment, which should guarantee children the highest levels of physical, emotional, and social security and protection,” stated the Court of Appeal.

“For these reasons, relying on the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse – the Lanzarote Convention, the Court of Appeal overturned the initial sentence. It imposed a ten-year prison sentence as necessary to achieve the intended objectives of punishment when considering the broader goals of criminal sanctions. This sentence aims to discourage not only the accused but also others from committing future crimes. It especially seeks to reflect society’s condemnation of such acts and to foster a respect for the law, thereby reinforcing moral standards and promoting the social responsibility of citizens,” the statement further explained.

The detailed judgment of the Court of Appeal will be made available on the court’s website.

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